TITLE 58

PUBLIC LANDS

CHAPTER 3

APPRAISEMENT, LEASE, AND SALE OF LANDS

58-314.  Place and terms of sale — Cash sales — Noxious weed districts. All sales of state lands shall be held in Ada county unless otherwise directed by the state board of land commissioners. Any such sale held away from Ada county shall take place at the county seat of the county or one (1) of the counties in which such lands are situated unless otherwise directed by the board.

Terms of payment shall be cash on the day of sale, except that the state board of land commissioners may sell state lands on installments with the down payment, number of installments and interest on deferred payments to be set by the board, but in no case shall the down payment be less than ten percent (10%) of the purchase price or the number of annual payments greater than twenty (20). The purchaser shall always have the right to make full payment with accrued interest at any time. Interest on deferred payments shall be payable annually in advance on January first, and interest for the first year to January first next succeeding shall be paid at the time of purchase.

When, in an installment sale, the conditions hereinbefore prescribed have been complied with, the state board shall make and deliver to the purchaser a certificate of purchase containing the name of the purchaser, a description of the land, the sum paid, the amount remaining due, and the date at which each of the deferred payments falls due and the amount thereof, and the amount and date of the several payments of interest to be made thereon. Such certificate shall be signed by the governor and countersigned by the director of the department of lands and a record of the same kept by him in a suitable book. When, in the judgment of the board, a bond by a purchaser of state lands is necessary, the state board shall require such purchaser to give a bond upon such conditions as the said board may determine.

Whenever a purchaser of state lands shall have complied with all of the conditions of the sale, paid all purchase money with the lawful interest thereon, and shall furnish the director with satisfactory proof of payment of taxes levied and assessed against his equity in said lands for the current year, or with satisfactory proof that such taxes are otherwise secured, he shall receive a deed for the land purchased. Such deed shall be signed by the governor, and countersigned by the secretary of state and by the director and attested with the great seal of the state and the seal of the state board of land commissioners, and said deed shall operate to convey to the purchaser a good and sufficient title in fee simple: provided that the conveyance by said deed shall be subject to reasonable easements for all roads used by the public which exist at the time of sale, unless the county commissioners of the county in which such roads are situated approve the release of such easements and the deed expressly conveys said easements.

Interest on all deferred payments to be at the rate per annum set by the state board of land commissioners. All payments shall be made to the director.

On state lands hereafter sold under contract of sale in noxious weed control districts, or which may become a part of a noxious weed control district, it shall be the duty of the contract purchaser if the lands are, or may become, infested with noxious weeds to join such a district and pay for the eradication and/or control of noxious weeds on these lands. If within ninety (90) days after receiving a notice by registered mail from the state land department that the lands are infested with noxious weeds, he does not join such a weed control program the director may request the treatment of such lands by those in charge of the weed control district. When the cost of such treatment has been determined, the supervisor of the weed control district shall send a bill to the purchaser for such eradication of noxious weeds, and if the amount of said bill be not paid within ninety (90) days the state board of land commissioners may declare the contract of sale forfeited and cancel the same, and if the contract is canceled said bill for noxious weed eradication and/or control shall be paid from the state noxious weed control fund appropriated for the treatment of noxious weeds upon state lands.

History:

[(58-314) 1905, p. 131, sec. 20; reen. R.C., sec. 1580; am. 1913, ch. 91, sec. 1, p. 367; am. 1915, ch. 14, sec. 1, p. 50; am. 1917, ch. 100, sec. 1, p. 372; C.L., sec. 1580; C.S., sec. 2914; am. 1927, ch. 218, sec. 2, p. 315; I.C.A., sec. 56-314; am. 1933, ch. 79, sec. 1, p. 129; am. 1935, ch. 53, sec. 1, p. 99; am. 1949, ch. 262, sec. 1, p. 529; am. 1965, ch. 142, sec. 1, p. 277; am. 1969, ch. 317, sec. 1, p. 976; am. 1974, ch. 17, sec. 64, p. 308; am. 1974, ch. 205, sec. 1, p. 1533; am. 1980, ch. 322, sec. 1, p. 816; am. 1986, ch. 130, sec. 1, p. 336; am. 1992, ch. 241, sec. 8, p. 716; am. 2001, ch. 183, sec. 25, p. 635.]